KAZAKHSTAN: NO RESPITE IN CAMPAIGN AGAINST HARE KRISHNA

UNCLAS SECTION 01 OF 03 ASTANA 000232

SIPDIS

SENSITIVE
SIPDIS

DEPT FOR SCA/CEN (M. O'MARA)

E.O. 12958: N/A
TAGS: PHUM PGOV PREL KDEM KZ
SUBJECT: KAZAKHSTAN: NO RESPITE IN CAMPAIGN AGAINST HARE KRISHNA
PROPERTY

REF: A. 06 ASTANA 651, B. 06 ASTANA 668, C. 06 ASTANA 903

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1. (SBU) Summary: Despite the negative publicity and diplomatic
pressure Kazakhstan received after authorities executed a surprise
demolition of Hare Krishna homes in November 2006, local government
officials have not relented in their campaign to confiscate the Hare
Krishna properties. In addition, officials in Astana have mounted a
late diplomatic and public relations effort to mitigate the damage
to Kazakhstan's reputation. All told, the Hare Krishnas' political
and legal fight to keep their property does not appear to have
changed any minds in the government. End summary.

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SPECIAL COMMISSION ISSUES ITS RECOMMENDATIONS
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2. (U) On December 22, 2006, the special Ministry of Justice
commission charged with resolving the long-running property dispute
(Refs B, C) held a meeting in Astana in order to issue its final
decision. The Hare Krishnas, the Almaty Helsinki Committee, and the
Kazakhstani International Bureau for Human Rights again questioned
the integrity of the commission process, given that the apparent
final decision of the commission had already been provided to the
U.S. Embassy and was drafted without the input of all commission
members (Ref C).


3. (U) At the meeting, the commission issued a decision nearly
identical to the one provided to post by the MFA on December 14.
The document contained a series of recommendations to the Hare
Krishnas and the other parties involved, and essentially told the
Hare Krishnas to use their land and resolve their disputes in
accordance with the law. The decision also recommended that the
Hare Krishnas be "objective" in their appeals to international
organizations and the mass media. In addition, the decision vaguely
encouraged Karasai district officials to process the Hare Krishnas'
land privatization (legalization) requests. (Note: The Krishnas'
subsequent attempts to privatize the cottages at issue thus far have
not been accepted by the local land privatization committee. End
note.) The commission's decision contained no practical steps
toward resolving the dispute.

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GOVERNMENT INITIATES PUBLIC RELATIONS COUNTEROFFENSIVE
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4. (U) On January 5, Amanbek Mukhashov, chairman of the special
commission and deputy chairman of the Religious Issues Committee in
the Ministry of Justice, held a press conference in Astana to
discuss the commission's decision. He was joined by representatives
from the Procurator General's office and the Ministry of Foreign
Affairs. Pol FSN attended the event. Mukhashov stressed that there
was no religious motivation behind the Hare Krishnas legal troubles.
Rather, he said that the Hare Krishnas have been breaking various
laws since they first purchased their land, including using the land
for religious worship when it was not properly designated for such
use. Despite his contention that religion is not the issue, he
noted that the Hare Krishnas' neighbors complained about loud and
disruptive religious ceremonies on the property, and that the Hare
Krishnas allow their cows to walk in the lake, which was insensitive
to nearby neighbors.


5. (U) The representative of the MFA said that there are no
restrictions on religious practice in Kazakhstan, and criticized the
Hare Krishnas for not applying to use the land as a religious
organization. (Note: The Hare Krishnas' use of the land for
religious purposes was not the basis of the main lawsuit, and has
never been cited as the reason that the local government has not
accepted privatization applications for the cottages. End note.)
She noted that would the International Society for Krishna
Consciousness has similar property problems in India itself, and
that the Supreme Court of India is reviewing a number of cases
concerning illegal acquisition and use of land by Krishnas. The MFA
official also criticized what she called the massive informational
campaign waged by the Hare Krishnas against Kazakhstan, citing
purported inaccuracies in their public relations efforts. Finally,
the MFA representative announced that the MFA had presented a
diplomatic note to the U.S. Embassy protesting our November 30, 2006
statement to the press regarding the demolitions.


6. (U) The representative of the Procurator General's office said
that prior legal decisions in the case were sound, and presented a
list of laws allegedly being violated by the Hare Krishnas,
including use of the land for religious purposes when it was
designated for agricultural purposes. He stressed that the Hare
Krishnas' legal troubles were not the result of religious
discrimination, as Hare Krishna communities are registered

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throughout Kazakhstan and functioning without problems. (Note: The
Hare Krishnas are registered in 10 oblasts [regions] throughout the
country, and Krishna representatives confirm that they generally
operate without government interference, aside from the long-running
dispute over the commune outside of Almaty. The commune is the only
Hare Krishna property holding in the country. End note.)


7. (U) The procuracy representative also announced that the Karasai
procurator has initiated criminal forgery charges against three
Krishna members for allegedly altering land title documents to say
that the main plot of land was to be used for "part-time farming"
instead of "peasant farming." (Note: The alleged forgery has long
been a part of the government's legal case against the Hare
Krishnas's largest parcel. The new criminal charge is a response to
the Krishnas' recent argument that the alleged forgery cannot serve
as the basis for the government's civil case because the allegation
has never been proven in a court of law. The government is
essentially closing a loophole in their legal argument. End note.)



8. (U) A few news outlets, including Kazakhstan Today,
Interfax-Kazakhstan, and the Associated Press wire services provided
brief coverage of the press conference.

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HARE KRISHNAS FACE MOUNTING PRESSURE
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9. (U) In addition to the criminal forgery charges announced by the
Procurator General's office, on January 16 Karasai district
authorities filed a new lawsuit in the Karasai district court
against the main parcel of Hare Krishna property. The lawsuit again
seeks to nullify ownership of the parcel by the Hare Krishnas, this
time based on different alleged irregularities in the Hare Krishnas'
acquisition of the land.


10. (SBU) Hare Krishna representative Maksim Varfolomeyev reported
to Poloff on January 22 that the Hare Krishnas were detecting
increased signals of extra-legal harassment. On January 19, local
tax police began a tax inspection of the Hare Krishnas'
organization. According to Varfolomeyev, the tax inspections occur
annually, but this year the tax inspector was for the first time
accompanied by a representative of the financial police. Moreover,
migration police informed the Hare Krishnas that they will soon be
investigating the legal status of Hare Krishna followers living in
the community. Varfolomeyev also said that maintenance and utility
workers who regularly maintain homes in and around the commune
informed several Krishna members that they have been instructed by
the local akim to monitor activities in the commune.

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WHAT'S NEXT FOR THE HARE KRISHNAS?
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11. (SBU) In Poloff's recent conversations with Varfolomeyev and
Govinda Swami, the Hare Krishna leaders indicated that they are at a
loss for what to do next. They plan to present their case in an
open letter to President Nazarbayev, and continue to pursue
legalization of their disputed properties and defend themselves in
court hearings. However, Karasai district authorities continue to
reject their applications to legalize the remaining properties, and
the Hare Krishnas are not optimistic that the ongoing legal turmoil
will result in a fair resolution of the issue. Govinda Swami
intimated that the Hare Krishnas are at a point where they might be
willing to accept compensation for the land, and said that the group
is searching for a mediator of sufficient stature who could
negotiate on their behalf with the government.


12. (SBU) On January 25, Poloff met with Mukhashov, who reviewed the
government's case against the Hare Krishnas in great detail and
raised a number of issues that were not part of the government's
lawsuits. The thrust of his argument was that the Hare Krishnas are
using their main piece of property, the farmland, for religious
purposes, which is not permissible under the law. As for the
private cottages, he said that many of them were never properly
acquired by the Hare Krishnas, and several had been illegally joined
together in violation of building codes, etc. As in the January 5
press conference, he claimed that the Hare Krishnas have not been
considerate to their neighbors, and have held large religious
gatherings without proper permission.


13. (SBU) Mukhashov acknowledged that some local officials made
negative comments about the Hare Krishnas based on their
nontraditional religion, but he disavowed the statements and said
they do not represent the overall opinion of the government.
Instead, he argued that the government was motivated purely by the

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Hare Krishnas' multiple violations of Kazakhstani law. He said that
it was not too late for the Hare Krishnas to save their properties
by remedying violations and making the appropriate applications. He
also advised that the Hare Krishnas could file libel lawsuits
against the local government officials who criticized their
religion, and could file claims for compensation for their
property.

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COMMENT
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13. (SBU) Comment: Kazakhstani authorities clearly remain committed
to pressing the legal case against the Hare Krishnas, despite the
diplomatic and international pressure Kazakhstan has received over
the issue. The lack of any effort by the government to resolve the
situation quietly has reinforced the public impression that someone
powerful wants the land. Mukhashov's statement that the Hare
Krishnas could still save their land by filing the correct paperwork
is questionable, given that the government's argument seems to
change and expand as time moves on. The Hare Krishnas are rapidly
running out of options, and may soon shift their focus to achieving
compensation for the threatened property. End comment.

MILAS